Join the MSBA Department of Learning for the newest presentation of Effective Mediation Of Commercial, Insurance And Other Multi-issue Disputes, on March 5, 2020 in Columbia, MD.
Experienced practitioners, J. Snowden Stanley and Douglas Furlong will review the following:
When Should Mediation Take Place?
Preparation for Mediation
How to Conduct the Mediation Session(s)
What to do if a settlement is reached?
Ethical Obligations of Mediator and Parties
If you can’t attend the live program in Columbia, it will be webcast concurrently for viewing around the state and will be available on-demand 5-10 business days after the program.
3.5 of CLE credits including (0.5) ethics will be offered to the surrounding MCLE states as well as 4.0 Rule 17 ADR Credits.
1. Maryland Rule 17, Maryland Mediation Confidentiality Act and ABA Standards
2. When Should Mediation Take Place?
3. Preparation for Mediation:
A. Mediation agreement
C. Preliminary contact with parties and counsel
D. Identifying decision makers and assuring their attendance
E. Scheduling considerations
F. Consider asking parties to bring draft settlement agreements (monetary
G. A process, not an event
A. Explaining process, mediator’s role and setting parties expectations
B. Opening statements
C. Joint sessions or caucuses – when and why?
D. Presentations by selected fact or expert witnesses for parties?
E. Documentary or illustrative exhibits?
F. Credibility of mediator and presentations by parties
G. Effective approaches to impasse
5. What to do if a settlement is reached?
A. Closing documents/Memorandum of Agreement, etc.
B. Ensuring detail, mutual understanding and intent in closing documents
C. Mediator’s role in drafting?
6. Ethical Obligations of Mediator and Parties
A. Disclosures by both
B. Impartiality – Maryland Rules, AAA/ABA Model Standards
D. Discussion of examples of questions which can arise